Pikoli recommendations ignored

2008-12-08 14:41

Michael Hamlyn

Pretoria - President Kgalema Motlanthe has decided to ignore the recommendation of former Speaker of the National Assembly Frene Ginwala that the National Director of Public Prosecutions, Vusi Pikoli, should
be restored to office. Instead, he has decided to dismiss him.

Ginwala found that the government had not proved its case against Pikoli,
but made some remarks about his insensitivity to issues of national security.
The president has seized on these remarks to relieve Pikoli of his
responsibilities.

Motlanthe described Ginwala's recommendation to keep Pikoli on as "illogical".

"Were you to read the full report you will see that it is illogical," he told a media briefing on Monday.

However, one recommendation of Ginwala's - that the conduct of the director general of Justice, Menzi Simelane, left much to be desired - has been acted on. The president has requested the Minister of Justice, Enver Surty, to "follow the matter up", though he would not actually say he wanted the man fired.

'Baseless' allegations

In the report of her inquiry into the fitness of Pikoli to hold office as
director of public prosecutions, Ginwala said that "several of the allegations
levelled against Advocate Pikoli were shown to be baseless".

She further insisted: "I am not of the opinion that there has been an
irretrievable breakdown in the relationship between the minister and Advocate
Pikoli."

She said such differences as there were could have been overcome through "collegial discussion" and the establishment of formal channels of communication.

The government, she said, failed to produce evidence to show that the cases of plea and sentence agreements it cited had contravened the prosecution policy. Nor, she said, was Pikoli obliged to account to the director general of Justice in the way the government alleged.

But she did say that she found issues of concern in the capacity and
understanding of Pikoli to carry out his responsibilities.

"These relate primarily to his understanding of issues pertaining to
national security and his lack of appreciation of the political environment in
which the NPA (National Prosecuting Authority) needs to operate," she said.

Ginwala also made it clear that she did not believe Pikoli when he said he
was suspended because of the action he proposed to take against the national commissioner, Jackie Selebi.

Discussions with Mbeki

She said her most serious concerns arise from the evidence of discussions
between Pikoli and former president Thabo Mbeki just prior to Pikoli's suspension.

"Advocate Pikoli did not give due consideration to the actions the
president might need to take in order to defuse a potential security crisis and
instability, and to preserve the country's international reputation," Ginwala
said. "He did not take seriously the president's concerns about the mood of the (police service) and their possible reaction to the arrest of the national
commissioner."

Motlanthe quoted what she said about Pikoli being asked to give the
president two weeks to sort things out before he acted. Pikoli replied: "No, I
give you one week."

"Had this been presented as a reason for the suspension, when his conduct would have held a real risk of undermining national security, I would not have hesitated to find the reason to be legitimate," she said in her report.
"However these were not among the reasons put forward by government before the inquiry."

Representations

Motlanthe told the media conference that he invited Pikoli to make
representations to him especially with regard to the adverse findings made
against him.

"I formed a view that Advocate Pikoli's representations exhibited a failure
on his part to acknowledge the serious deficiencies identified by the inquiry,"
he said.

The president's decision will now be communicated to Parliament, which in
any case will have the last say in the matter. Motlanthe said that the law
requires him to give his decision to Parliament within 30 days. He said,
however he would be able to do it by the end of this week.

Comments

WhiPnTickle - 2008-12-08 14:56

Pikoli its ok my man just go have a few drinks drive around drunk run over a kid, go rob a whites house and raped the wife and hey why not through in daughter. i promise tomorrow youll have your job back.

Fred - 2008-12-08 15:00

Just another case of the puppet doing the puppet masters command. There is no way that JZ wants Pikoli back in a position of power, the man was found innocent but still pays the price. JZ needs to extract his revenge and this is the way he does it. Hopefully when JZ has his day in court the same will happen to him.

Ukhandampondo - 2008-12-08 15:01

No room for incompetency and favouratism. That's what we want. Viva comrade Motlanthe !!!

Dissapointed - 2008-12-08 15:03

It is sad that a great man like Mr Pikoli has to be sacked. It leads me to believe that should one think and act honestly on behalf of South Africans you will be fired. Rules to stay employed, 1 Be corrupt, practice hate speech, live in the past and every time you mess up blame it on Apartheid, spend taxpayers money on booze! Farewell Mr Pikoli You Served Us Well!

Christopher - 2008-12-08 15:04

How much more of our money has been wasted on this enquiry when we already new what the outcome would be?

Thabane Mabaso - 2008-12-08 15:08

It looks like this is President Motlanthe's first move to stay in the highest office after next year's elections.

S.N - 2008-12-08 15:14

Makes you wonder why we even bother having a commission set up (spend thousands , if not millions)- only to have people accept or reject them just because they can! But, this was likely to be the outcome anyway. Thats why we have him as a acting president - as he can be easily manipulated into doing the biddings of the ANC. Scrap the Scorpions, Fire Pikoli, et cetera, et cetera... all in the name of JZ becoming president. Maybe, just maybe COPE can change all of this around.

Boerseun - 2008-12-08 15:19

Well there is just another case of the president and the ANC in effect screwing someone who did a good job, but in the process stepped on some party toes. Pikoli should fight this to the bitter end and he should get all the support he needs from opposition parties, NGO's and citizens. So much for Mothlante being fair and objective.

James - 2008-12-08 15:22

Of course Vusi Pikoli will have more than enough grounds so sue for unfair dismissal and the ANC government will settle, costing the taxpayer millions. Watch this space.

Kolobe - 2008-12-08 15:25

Geez....this Pikoli is arrogant....He tells the president that "I give you one week"....Good riddance...Mr Mbeki requested for two weeks...just two weeks to sort out the national security issues yet the big headed one decided to give the the president one week...

Kolobe - 2008-12-08 15:27

Geez....this Pikoli is arrogant....He tells the president that "I give you one week"....Good riddance...Mr Mbeki requested for two weeks...just two weeks to sort out the national security issues yet the big headed one decided to give the the president one week...

CJ - 2008-12-08 15:29

Reading this makes me proud to be a member of the cover up rainbow family... you go SA!!

Mpho - 2008-12-08 15:32

Clearly there is something fishy going on, and I suspect corruption!

Clinton - 2008-12-08 15:47

Who cares !!!!.... a pity the wrong man got fired if someone could only fire Zuma ...........

Charl - 2008-12-08 15:49

Hats off Mr President - if anything, you have created a prescedent of non-tolerance to mediocre public office performance. You should be commended and let this be a warning to all those other lazy tarts pretending to know what they are doing and just costing the taxpayer millions. BRAVO MR PRESIDENT

Kolobe - 2008-12-08 15:50

Geez....this Pikoli is arrogant....He tells the president that "I give you one week"....Good riddance...Mr Mbeki requested for two weeks...just two weeks to sort out the national security issues yet the big headed one decided to give the the president one week...

Steven - 2008-12-08 15:51

South african should learn to respectjudgemnts when due processes have been followed, and not always want things to happen their ways. We new very well in advance that the President had the powers to make his informed decision and Adv Pikoli was also given an opportunity to respond. We seem to be obsesed with revenge. Why don't we just accept the President decision and have confidence in him. Lets focussing on contributing in building the economy of this country. Let the President rule.

Mike - 2008-12-08 15:51

Which begs the question - who is pulling the strings here!!!?

Steven - 2008-12-08 15:51

South african should learn to respectjudgemnts when due processes have been followed, and not always want things to happen their ways. We new very well in advance that the President had the powers to make his informed decision and Adv Pikoli was also given an opportunity to respond. We seem to be obsesed with revenge. Why don't we just accept the President decision and have confidence in him. Lets focussing on contributing in building the economy of this country. Let the President rule.

sido - 2008-12-08 15:56

what a joke of an acting president

nna wabatho - 2008-12-08 15:56

Boy-ditedu shem!
Being made to think he's flexing his presidential muscle meantime he's just being used to earth the prison gates while Chief-Shawara welds them shut from the outside.
Is waar. This has all the makings of a scene from those Mbamba shebeens emkhukhwini. The patron's drink the conconction that is made with everything including vrot bread and battery acid but they wash their hands before they eat.
Is waar...nna wa batho.

duderman - 2008-12-08 16:04

Be a wise citizen.Read the document first before starting to shoot from the hip!

Carl-B - 2008-12-08 16:10

The man derseved to be fired as, by the reports above, have become to big for everyone - "I give you one week?" How can you say that to your boss - the President, when he only requested a lousy two weeks! He should have known better that independency is on paper only...The President remained his Boss!

Carl-B - 2008-12-08 16:10

The man derseved to be fired as, by the reports above, have become to big for everyone - "I give you one week?" How can you say that to your boss - the President, when he only requested a lousy two weeks! He should have known better that independency is on paper only...The President remained his Boss!

Nationalist - 2008-12-08 16:17

It sad that Pikoli has joined the unemployed, but even himself he knew that it was going to be illogical to reinstate him after what had happened. We need someone who is going to be objective which we all know it was going to be difficult for him.

DAKALO - 2008-12-08 16:19

It all started like this with Mugabe Regime ANC(ZANU-PF) is too powerful and it's destroying Our Democracy!We expected the outcome what a waste of Taxpayer Money!

Pieter - 2008-12-08 16:20

How long should Pikoli have given the incompetent ex prez to try and cover up the shame of Selebi? One week seems very reasonable. Oh! Sorry Kolobe, I forgot. He is president. Da beeg chief. Hey chief? So because why, he can does whatever he wants ne? The ANC is arrogant. How about that.. chief!!!

Bj - 2008-12-08 16:26

I'm glad to see the back of the man. He was downright incompetent and unfit to hold office. I speak from experience and no, I am not a member of any political party either. Thank you Mr President.

Hopnop - 2008-12-08 16:26

The tribe(L House)has spoken....shame on you Kgalema!!

Madoda - 2008-12-08 16:29

Who will be the head of NPP because Mpshe can't act forever and it might happen that, right now the seat is very HOT, he needs assistance. Public servants need to learn and understand that they are, serving the government of the Day and leave politics to Politicians (ZULU:LALE UKUTHI UFUNANI UMQASHI)

just askin - 2008-12-08 16:32

new face same old corruption of the legal system
for years we had to put up with the national party and their national interest and security rubbish now the new dictators are playing the same song.isn't it more of a risk to national security if people who are committing crimes and are corrupt are not prosecuted? do they really think the world thinks more highly of us if we dont prosecute criminals even if they hold high positions in govt or police?

Sergio Mendes - 2008-12-08 16:48

It would appear from an objective standpoint that the even though there may be problems of instability or security issues at stake the arrest and prosecution of a law breaker should take preference. And the status or position of that individual should make no difference. The Freedom Charter certainly says not! In the long run there will be more security issues, instability and damage to the country's reputation if the process of the law is blatently manipulated for political ends.

Afrikanerbul - 2008-12-08 16:49

Just shows you. Pikoli was an AA appointment.
The president should have appointed one of the career pubic servants who have lots of experience - also in the field of national security. Skin colour should be ignored.
i

Afrikanerbul - 2008-12-08 16:49

Just shows you. Pikoli was an AA appointment.
The president should have appointed one of the career pubic servants who have lots of experience - also in the field of national security. Skin colour should be ignored.
i

Stevengo - 2008-12-08 16:49

Isn't sad that Pikoli had no pay the price for being honest. He stepped on the wrong foot. He messed up with Mbeki (ask Zuma and others)and now the ANC trying not to be seen as anti Mbeki have to carry out the process he started to it's logical conclusion. Not to underestimate the big ego that Pikoli had himself.

xolisi - 2008-12-08 16:51

Like an SAA tv ad: The SAA didn't invent flying - only perfected it! Likewise the ANC did not invent corruption - only perfected it. But let's wait and see! post 2009 election there will be none of the JZANC corrupt cronies left in government. I KNOW BECAUSE I AM A VISIONARY.

Mbulelo Jafta - 2008-12-08 16:54

yes there was no interference from Mr President Mbeki but the Former Head of NPA based on the report is incompetend to hold Office, and this report is confusing because the report says he Pikoli is incompetent but recommend him to hold office again.

Harrison - 2008-12-08 16:54

Presedent Motlanthe must be complement fo excellent judgement. Pikoli was just puppet of previous apartheid scropion. Hope this will now pave way for comrade JZ to take over as presedent.

Jabjab - 2008-12-08 16:55

With Pikoli out, Ngoako Ramathlodi will be appointed and the first thing he will do is to withdraw all charges against ANC President Zuma

Eddie Keys - 2008-12-08 17:18

Motlanthe is a spokesman, not a leader. Further proof is his position on Zimbabwe.

Livingstone Ndhlovu - 2008-12-08 17:20

According to the report Pikoli poses a security threat. No state should take that risk and please, the obsession with Zuma should now stop!

Short fuse - 2008-12-08 18:27

Pikoli gave Mbeki one week. JZ and ANC gave Mbeki only four days! ANC member arrogance par-excellance.

Frankc - 2008-12-08 18:30

Is a CORRUPT police chief not more of a national security risk than the head of a team investigating his actions. Funny that HE was fired while the corrupt police chief is just suspended.

Basher - 2008-12-08 18:36

Bottomline - strengthen the opposition! See you at the poles - ANC no more...!

Chris - 2008-12-08 19:18

If the decision to fire Pikoli is not just, it will come back and bite the President in the bud.
Look what happened to the NP regime ... it failed.
Lets look and see ...

Edward - 2008-12-08 20:10

It's really sad to see our democracy young as it is going down the drain. Unless the NPA is made a completely an independent institution then all those who are to hold this office are gonna have to dance to the tunes of the corrupt government of the day! Shame on you puppet president!